Дело T-***/**: *****************, Съдебно решение от **.**.2024 г.

Текст

... icle 7(1)(b) and (c) of Regulation (EU) 2017/1001 )

In Case T‑1072/23,

Nike Innovate CV, established in Beaverton, Oregon (United States), represented by J.-C. Rebling, lawyer,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by A. Ringelhann, acting as Agent,

defendant,

THE GENERAL COURT (Seventh Chamber),

composed of K. Kowalik-Bańczyk, President, G. Hesse and B. Ricziová (Rapporteur), Judges,

Registrar: V. Di Bucci,

having regard to the written part of the procedure,

having regard to the fact that no request for a hearing was submitted by the parties within three weeks after service of notification of the close of the written part of the procedure, and having decided to rule on the action without an oral part of the procedure, pursuant to Article 106(3) of the Rules of Procedure of the General Court,

gives the following

Judgment

1. By its action under Article 263 TFEU, the applicant, Nike Innovate CV, seeks the annulment of the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 15 September 2023 (Case R 915/2023-4) (‘the contested decision’).

Background to the dispute

2. On 12 July 2022, the applicant filed an application for registration of an EU trade mark with EUIPO in respect of the word sign SUPPORT-FIT.

3. The mark applied for covers goods in Class 25 of the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended, corresponding to ...